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Residential Premises’ Tenants not entitled to re-entry into Newly Constructed Commercial Premises: High Court

Shimla, Mar 22 – The Himachal High Court has given an important decision in the matter of renting residential premises and commercial premises. Justice Vivek Singh Thakur said in his decision that the tenants living in the residential premises do not have the right to re-enter the newly constructed commercial premises.

If the premises are to be let out after reconstruction, of course the tenants have the right to re-enter the premises. However, if the landlord re-constructs the house for his own requirement and wants to use the newly constructed accommodation for commercial use, then the tenants living in the residential premises cannot claim re-entry. The court pronounced this decision while rejecting the petition of Ratan Chand of Chamba district.

The landlord had filed an eviction petition against the petitioner before the lower court. The lower court had given orders to the landlord along with orders to vacate the house that the tenant would have the right to re-enter upon the reconstruction of the house. The landlord and the tenant challenged this order by way of appeal. The High Court gave this arrangement in its decision after perusing the records related to the case.

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